M.Muthusamy, v. The Land Acquisition Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.18442 of 2018 M.Muthusamy
...Petitioner
Vs.
The Land Acquisition Officer -cum-District Revenue Officer, Namakkal District.
...Respondent
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondent to determine the market value to the petitioner's land together with asbestos building, saw mill and trees as per Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act 2013 and to pass final Award by imposing 100% solatium and 12% additional amount by adopting multiplier method as per First Schedule and other benefits ensured under the Second Schedule in view of Section 30 (2) of the RFCTLARR Act 2013 to the acquired lands for the purpose of formation of bypass road to Rasipuram Town in Pillanallur Village of Rasipuram Taluk, Namakkla District, based on the representation of the petitioner dated 05.06.2018. For Petitioner : Mr.S.Senthil For Respondent : Mr.Akhil Akbar Ali, G.A.
ORDER
Mr.Akhil Akbar Ali, learned Government Advocate takes notice on behalf of the respondent. By consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing at the admission stage itself.
2. The petitioner has come forward with this writ petition for issuance of Writ of Mandamus to direct the respondent to
determine the market value of the petitioner's land together with building, saw mill and trees as per Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act 2013, based on his representation, dated 05.06.2018.
3. The petitioner would state that he is the owner of the land measuring an extent of 1273 sq.mt. in Survey No.85/3A2B2 in Pillanallur Village, Rasipuram Taluk, Namakkal District. The respondent by issuing a notification, dated 23.01.2014 under the Tamil Nadu Highways Act, acquired the property and passed an interim award on 31.12.2015, determining the value of the land at Rs.207.65/- per sq.mt. and awarded compensation of Rs.12,74,933/-.
4. The learned counsel for the petitioner submitted that after enactment of new Act 30 of 2013, the owners of the lands are entitled for compensation under Sections 26, 30 and 105-A of the new Act and as per Section 19 of the Tamil Nadu Highways Act, final award has to be passed within a period of six months.
5. The learned counsel further submitted that the representation of the petitioner, dated 05.06.2018 to pass final award under the new Act was not considered and hence, the present writ petition.
6. It is further submitted that the petitioner would be satisfied, if a direction is issued to the respondent to pass appropriate orders on the representation of the petitioner.
7. The learned Government Advocate submitted that the respondent is ready to consider the representation of the petitioner in accordance with law.
8. Considering the nature of prayer sought in the writ petition and the submissions of the learned counsels on either side, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner, dated 05.06.2018 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties, within a period of three months from the date of receipt of a copy of this order.
9. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pvs To The Land Acquisition Officer -cum-District Revenue Officer, Namakkal District.
+1cc to Mr.S.Senthil, Advocate, S.R.No.48568 +1cc to the Government Pleader, S.R.No.49361 WP.No.18442 of 2018 AK(CO) GSP(07/08/2018)